HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34306 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Sher Bahadur Yadav, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. 2. By means of present application under Section 528 of BNSS the applicant has prayed for quashing the entire proceedings of Case Crime No. 115 of 2024 - State Vs. Suryabhan Chauhan, under Sections 354, 504, 506, 376 IPC, Police Station - Gambhirpur, District - Azamgarh as well as summoning order dated 27.06.2025, passed by the Judicial Magistrate FTC (Women), Azamgarh. 3. It has been submitted by learned counsel for the applicant that applicant is accused in first information report no. 115 which was lodged on 08.04.2024, under Sections 354, 504, 506 IPC. According to the first information report it has been stated by the prosecutrix that she was 27 years of age and she is married having a Versus Counsel for Applicant(s) : Sher Bahadur Yadav Counsel for Opposite Party(s) : G.A. Suryabhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) son while the applicant is close relative of her husband and regularly visits her matrimonial home. It is further alleged that applicant has made a video of prosecutrix having bath and since then applicant is threatening her to make the said video viral and even complaints made by her to the family members have been summarily dismissed. 4. Subsequently, during investigation statement of prosecutrix under Section 164 Cr.P.C. was recorded, wherein apart from the aforesaid allegations, proscutrix has also stated that applicant has forcibly made sexual relations with her against her consent and also threatened her with the video which is alleged to have been made by the applicant. 5. It has been submitted by learned counsel for the applicant that it is on the basis of aforesaid facts applicant's application for anticipatory bail was filed and on the same facts this Court was pleased to grant anticipatory bail to the applicant by means of order dated 18.07.2024. It has been submitted that the facts as narrated in the first information report as well as during investigation by the prosecutrix are not believable and even the incident is very old and on the basis of which no prosecution can be sustain. He has further submitted that the prosecutrix has declined to be medically examined and therefore submits that it is in the aforesaid circumstances, there are no chances of the prosecution to NA528 No. 34306 of 2025 2 prove the aforesaid allegations against the applicant, consequently, prayer has been made for quashing the proceedings. 6. Heard learned counsel for the applicant and perused the record. 7. This Court finds that initially allegations pertain only to provisions of Sections 354, 504, 506 IPC where the applicant is close relative of the husband of the prosecutrix and used to frequently visit her matrimonial home and misbehaved with her. It is only during investigation that her statement was recorded under Section 164 Cr.P.C. that the prosecutrix has stated that the applicant has forcibly sexually assaulted her. No doubt that in the said statement date has not been mentioned, but it is stated that said incident occurred when her husband had gone to Gujarat. Accordingly, merely because in the FIR or in the Statement under Section 164 Cr.P.C., date of occurrence has not been mentioned, could not be a ground for quashing the proceedings of criminal case against the applicant. 8. All the necessary ingredients of Section 376 IPC have been stated by the prosecutrix in her statement recorded under Section 164 Cr.P.C. with regard to forcibly sexually assaulting her against her consent. As far as other details of the said incident are concerned, same can certainly be brought in evidence during trial and merely because date of the occurrence has not been stated, NA528 No. 34306 of 2025 3 cannot be a solitary ground for quashing the proceedings initiated against the applicant. 9. Apart from the above, no other ground has been urged assailing the proceedings of the case impugned in the present application under Section 528 of BNSS to persuade this Court to interfere in the same. 10. Present application being devoid of merits is dismissed. September 17, 2025 A. Verma NA528 No. 34306 of 2025 4 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad